DCF 57.47 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

DCF 57.48 DCF 57.48 General conditions for approval of application.

DCF 57.48(1) (1) Any person licensed to operate a group home shall be a responsible, mature individual who is fit and qualified.

DCF 57.48 Note Note: The term “fit and qualified” is defined in s. DCF 57.04 (15) to mean displaying the capacity to successfully nurture and care for children and shall not include a history of a civil action, criminal conviction or administrative rule violation that substantially relates to the care of a child; a history of exercising unsound judgment; or abuse of alcohol or drugs. For help in determining whether a civil action, criminal conviction, or administrative rule violation substantially relates to the care of children, consult s. DCF 12.06..

DCF 57.48(1m) (1m) In determining whether an applicant is fit and qualified, the department may consider any of the circumstances in ss. DCF 57.50 (1), 57.56 (1), and 57.57 (1) (a) by an owner, agent, staff member, household member, or other individual directly or indirectly participating in the operation of the group home.

DCF 57.48(2) (2) If the department has reason to believe that the physical health or mental health of an applicant, licensee, or household member may endanger a resident, the department may issue a denial or revocation of the license or may require that a written statement be submitted by a physician, or if appropriate, by a licensed mental health professional that certifies the condition of the individual and the possible effect of that condition on the group home or the residents in care.

DCF 57.48 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; correction in (1m) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DCF 57.485 DCF 57.485 Determination of need.

DCF 57.485(1) (1) Need determination before license application. No person may apply for a license to operate a new group home or for an amendment to a license that would increase the bed capacity of an existing group home until the department has reviewed the need for the additional placement resources that would be made available by the issuance or amendment of the license and has certified in writing that a need exists for the proposed additional placement resources.

DCF 57.485(2) (2) Documentation of need. An applicant for a determination of need under sub. (1) shall submit all of the following documents to the department:

DCF 57.485(2)(a) (a) A statement of support by one or more counties, the division of Milwaukee child protective services, or the department of corrections stating that the proposed additional placement resources are needed.

DCF 57.485(2)(b) (b) A detailed description of the why there is a need for this particular group home and any facts that support the applicant’s assertion for that need.

DCF 57.485(2)(c) (c) A detailed plan for the operation of the proposed group home that includes all of the following:

DCF 57.485(2)(c)1. 1. The number, sex, and age range of the children to be served.

DCF 57.485(2)(c)2. 2. The type of needs or disabilities of children to be served.

DCF 57.485(2)(c)3. 3. Number of staff listed by job title, degree or certification, and full-time or part-time status.

DCF 57.485(2)(c)4. 4. A description of the proposed program and treatment goals.

DCF 57.485(2)(c)5. 5. The location of the group home and a drawing of the layout of the physical plant.

DCF 57.485 Note Note: Send the determination of need documentation to the Department of Children and Families, Bureau of Permanence and Out-of-Home Care, Child Welfare Licensing Section, 201 W. Washington Avenue, P.O. Box 8916, Madison, WI 53708-8916.

DCF 57.485(3) (3) Department determination.

DCF 57.485(3)(a) (a) The department shall review an applicant’s documents for completeness and may ask the applicant for additional information that the department considers necessary to make the determination of need.

DCF 57.485(3)(b) (b) Within 90 days after the date on which the department received all required documents and information from an applicant, the department shall send written notice of its determination of need to the applicant. The notice shall state the specific reason for the determination. If the department determines that the proposed additional placement resources are needed, the notice shall be accompanied by the department’s certification of need.

DCF 57.485(3)(c) (c) The department shall consider an application that remains incomplete for a 90-day period after receipt of any documentation to be withdrawn.

DCF 57.485 Note Note: A certification of need allows a person to apply for a group home license. It does not guarantee that the department will issue a license nor does it guarantee any placements.

DCF 57.485(4) (4) Appeal.

DCF 57.485(4)(a) (a) An applicant or a party adversely affected by a determination issued under sub. (3) may request an administrative hearing under s. 227.42, Stats., from the department of administration’s division of hearings and appeals by submitting a written request for hearing to that office so that it arrives there within 30 days after the date of the notice under sub. (3).

DCF 57.485(4)(b) (b) The standard of review for the hearing shall be whether the record contains the quantity and quality of evidence that a reasonable person could accept as adequate to support the decision.

DCF 57.485 Note Note: A request for a hearing may be mailed to Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875 or faxed to [phone]. A copy of the request should be sent to Department of Children and Families, Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53703-8916.

DCF 57.485 History History: EmR1034: emerg. cr., eff. 9-2-10; CR 10-105: cr. Register July 2012 No. 679, eff. 8-1-12; correction in (2) (a) made under s. 13.92 (4) (b) 6., Stats., Register September 2016 No. 729.